[2026:RJ-JP:8431]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 3296/2026 Manohar Singh S/o Sh. Girdhari Singh, Aged About 39 Years, R/o Plot No. D-714, B Jagdamba Nagar, Ajmer Road, Jaipur, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through Its Principal Secretary, Ministry Of Local Self Govt. Department, Secretariat, Jaipur.

2. Commissioner, Nagar Nigam Jaipur, (Erstwhile Nagar Nigam Greater, Jaipur), Lal Kothi, Jaipur.

3. Deputy Commissioner, Nagar Nigam Jaipur, Sanganer Zone, Jaipur.

----Respondents For Petitioner(s) : Mr. Sunil Kumar Chechi Mr. Surendra Sharma For Respondent(s) : Mr. Manoj Choudhary with Mr. Yadvendra Patel on behalf of Mr. G.S. Gill, AAG HON'BLE MR. JUSTICE ANAND SHARMA

Order

24/02/2026

1. This writ petition has been filed by the petitioner assailing order dated 23.06.2023 issued by the Commissioner, Nagar Nigam, Greater Jaipur, whereby in exercise of powers under Rule 13 of Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 (for short, ‘the Rules of 1958’), the petitioner has been placed under suspension.

2. Learned counsel for the petitioner also submits that thereafter, one charge-sheet under Rule 16 of the Rules of 1958 has also been served upon the petitioner in July, 2023. The petitioner has already given his reply to the charge-sheet and is cooperating in the departmental enquiry.

3. Learned counsel for the petitioner further submits that the sole purpose of placing an employee under suspension is to rule out the possibility of tampering with any evidence or influencing the witness by the delinquent. In the instant case, when the suspension order was passed two and half years back and the petitioner has already filed reply to the charge-sheet, the petitioner is not likely to either tamper with the evidence or to influence the material witnesses.

4. Learned counsel for the petitioner has also relied upon the judgment passed by the Co-ordinate Bench of this Court at Principal Seat, Jodhpur, in the case of Naru Lal Meghwal Vs. The State of Rajasthan & Anr. (S.B. Civil Writ Petition No.14863/2016) decided on 27.03.2025, where after examining the object of the suspension as well as continuation thereof for a long time, this Court has observed that instead of continuing the suspension, the concerned employee can be posted at a distant place, so as to obviate any possibility of interference in the departmental enquiry.

5. Learned counsel for the petitioner submits that in the light of above, the petitioner may be granted liberty to make a representation before respondent No.2, who may consider his representation and pass appropriate order.

6. In view of limited prayer made by learned counsel for the petitioner, this Court deems it just and proper to dispose of the present writ petition with liberty to the petitioner to make a representation against suspension order dated 23.06.2023 before the respondent No.2, who shall taken into consideration the facts and grounds of such representation and shall pass speaking order for the purpose of reviewing the suspension order. Necessary exercise shall be carried out within a period of 60 days from the receipt of representation along with certified copy of this order.

7. Pending application(s), if any, also stand(s) disposed of.

(ANAND SHARMA),J DAKSH/36